0 chapters · 1,747 sections in this title.
La. Rev. Stat. § 22:340.1 Procedure following election or appointment of new officers or directors
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§340.1. Procedure following election or appointment of new officers or directors A. Every foreign or alien insurer authorized to transact business in this state shall provide to the commissioner of insurance biographical information for all elected or appointed directors no more …
La. Rev. Stat. § 22:341 Withdrawal from state; deposit
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§341. Withdrawal from state; deposit A. Any foreign or alien insurer admitted to do business in this state may withdraw from this state by filing with the commissioner of insurance a statement of withdrawal, signed and verified by a president, vice-president or an executive offic…
La. Rev. Stat. § 22:342 Definitions
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§342. Definitions For the purposes of this Subpart, the terms as used herein shall have the following meanings: (1) "Active volunteer fire department" means a voluntary organized fire company which possesses, in serviceable condition for fire duty, apparatus and equipment having …
La. Rev. Stat. § 22:343 Annual report of premiums received; verified statements by municipality, district, or volunteer fire department
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§343. Annual report of premiums received; verified statements by municipality, district, or volunteer fire department Every foreign or alien insurer, other than life, desiring to engage in or carry on business in this state shall return to the state treasurer a just and true acco…
La. Rev. Stat. § 22:344 Accounts to be kept
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§344. Accounts to be kept Every such company shall keep accurate accounts of all fire insurance business done by them. Each such insurer shall submit to the state treasurer a verified return for insurance premiums received by such insurer for insurance of property of whatever nat…
La. Rev. Stat. § 22:345 Tax on premiums
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§345. Tax on premiums A foreign and alien insurer, other than a life insurer, shall, within sixty days after December thirty-first of each year, pay to the commissioner of insurance a sum equal to two percent of the amount of premiums received from any business which insures prop…
La. Rev. Stat. § 22:346 Investigation and collection by commissioner of insurance
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§346. Investigation and collection by commissioner of insurance If a company fails to keep the accurate accounts required in R.S. 22:344 or if the returns required in R.S. 22:343 are apparently fraudulent or dishonest, the commissioner of insurance shall investigate the returns a…
La. Rev. Stat. § 22:347 Disposition of tax money
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§347. Disposition of tax money A. Monies collected under R.S. 22:342 through 349, after being first credited to the Bond Security and Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution of Louisiana, shall be credited to a special fund hereby establis…
La. Rev. Stat. § 22:348 Penalties
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§348. Penalties Any foreign or alien insurer, other than life, which violates any provision of R.S. 342 through 349 shall, for each offense, be fined five hundred dollars. Acts 1958, No. 125. Amended by Acts 1958, No. 419, §1; Redesignated from R.S. 22:1586 by Acts 2008, No. 415,…
La. Rev. Stat. § 22:349 Fire insurance associations not incorporated under laws of Louisiana
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§349. Fire insurance associations not incorporated under laws of Louisiana No fire insurance association not incorporated under the laws of this state shall carry on any fire insurance business in this state, save and except upon compliance with the conditions imposed in R.S. 22:…
La. Rev. Stat. § 22:35 Discrimination; failure to provide coverage; penalties; right of action
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§35. Discrimination; failure to provide coverage; penalties; right of action A. No insurer shall refuse to issue or fail to renew any policy or contract of property and casualty insurance to a person or business, solely because of the race of the applicant or the economic conditi…
La. Rev. Stat. § 22:36 Discrimination prohibited; health insurance coverage; fire employees; applicability
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§36. Discrimination prohibited; health insurance coverage; fire employees; applicability A. A health insurance issuer shall not refuse to accept for enrollment any fire employee formerly employed by a municipality, parish, or fire protection district with which the health insuran…
La. Rev. Stat. § 22:361 Definitions
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§361. Definitions As used in this Subpart: (1) "Commissioner" means the commissioner of insurance of the state of Louisiana. (2) "Credit disability insurance" means insurance on a debtor to provide indemnity for payment becoming due on a specified loan or other credit transaction…
La. Rev. Stat. § 22:362 License required of vehicle mechanical breakdown insurer
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§362. License required of vehicle mechanical breakdown insurer A. No person shall act as or attempt to act as a vehicle mechanical breakdown insurer unless licensed to do so by the commissioner. Each application shall be submitted to the commissioner along with the fee for said l…
La. Rev. Stat. § 22:363 Exceptions
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§363. Exceptions Nothing in this Subpart shall have any effect upon the giving of the customary manufacturer's warranty, or guarantee; nor shall this Subpart apply to or affect the giving or selling of performance warranties or guarantees by sellers of motor vehicles. Nothing in …
La. Rev. Stat. § 22:364 Qualifications
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§364. Qualifications A. The commissioner shall not license a vehicle mechanical breakdown insurer unless all of the following conditions are met: (1) Applicant shall be solvent. (2) Applicant shall furnish such proof as necessary to the commissioner that the directors and managem…
La. Rev. Stat. § 22:365 Deposit or surety; required
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§365. Deposit or surety; required A. To assure faithful performance of its obligations to policyholders, every vehicle mechanical breakdown insurer shall, prior to the issuance of a license, deposit with or for the benefit of the insurance commissioner securities which at all tim…
La. Rev. Stat. § 22:366 Annual reports
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§366. Annual reports By June first of each year, every vehicle mechanical breakdown insurer shall file with the commissioner an audited financial statement, audited consolidated financial statements with the consolidating schedule, or such other financial statements deemed accept…
La. Rev. Stat. § 22:367 Reserves
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§367. Reserves Each vehicle mechanical breakdown insurer shall maintain loss reserves in such amounts as the commissioner deems sufficient. Added by Acts 1978, No. 520, §1, eff. July 12, 1978; Redesignated from R.S. 22:1806 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:368 Contracts not in compliance
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§368. Contracts not in compliance Any vehicle mechanical breakdown insurance policy issued in violation of any provisions of this Subpart shall be an enforceable and valid contract unless otherwise invalid. Added by Acts 1978, No. 520, §1, eff. July 12, 1978; Redesignated from R.…
La. Rev. Stat. § 22:368.1 Filing of contracts
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§368.1. Filing of contracts No vehicle mechanical breakdown insurance policy or application form, where written application is required and is to be attached to the policy, or any rider or endorsement of such a contract shall be issued, delivered, or used unless it has been filed…
La. Rev. Stat. § 22:369 Revocation or suspension of license
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§369. Revocation or suspension of license A. In accordance and compliance with R.S. 49:977.3, the commissioner may levy a fine not to exceed one thousand dollars per violation or revoke or suspend any license required by this Subpart should the commissioner find any of the follow…
La. Rev. Stat. § 22:369.1 Reinstatement of license
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§369.1. Reinstatement of license A. A vehicle mechanical breakdown insurer whose license has been suspended for failure to pay the annual renewal fee required by R.S. 22:362 shall have his license reinstated if the annual renewal fee is paid within ninety days of the date of susp…
La. Rev. Stat. § 22:37 Discrimination prohibited; health insurance coverage; district attorney's office retirees
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§37. Discrimination prohibited; health insurance coverage; district attorney's office retirees A. No health insurance issuer shall refuse to accept for enrollment any individual formerly employed by a district attorney's office in this state when all of the following conditions a…
La. Rev. Stat. § 22:370 Inspection
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§370. Inspection After furnishing fourteen days written notice, the commissioner or any representative may inspect the records and reserves of any insurer licensed under this Subpart. The reasonable expense for inspection of records not available in Louisiana shall be borne by th…
La. Rev. Stat. § 22:371 Cease and desist order; penalty for violation
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§371. Cease and desist order; penalty for violation A. If the commissioner should determine that the provisions of this Subpart have been violated, the commissioner shall, in addition to the authority to revoke or suspend a license as provided in R.S. 22: 369, have the authority …
La. Rev. Stat. § 22:372 Rules and regulations
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§372. Rules and regulations The commissioner may adopt such administrative rules as are necessary to implement the provisions of this Subpart. Added by Acts 1978, No. 520, §1, eff. July 12, 1978; Redesignated from R.S. 22:1811 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:373 Scope and limitations
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§373. Scope and limitations A. It is not the purpose of this Subpart to alter or diminish any right, privilege or authority granted to any insurance company under any other part or section of this Title. B. All vehicle mechanical breakdown insurers operating pursuant to a license…
La. Rev. Stat. § 22:381 Definitions
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§381. Definitions As used in this Subpart: (1) "Commissioner" means the commissioner of insurance of the state of Louisiana. (2) "Property" means all classes of movable or immovable property recognized under the laws of this state. (3) "Person" means any individual, company, insu…
La. Rev. Stat. § 22:382 License required of property residual value insurer; notice of material change required
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§382. License required of property residual value insurer; notice of material change required A. No person shall act as or attempt to act as a property residual value insurer unless licensed to do so by the commissioner. Each application shall be submitted to the commissioner alo…
La. Rev. Stat. § 22:383 Exceptions
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§383. Exceptions Nothing in this Subpart shall have any effect upon contracts of casualty or property insurance issued on property in this state. Added by Acts 1981, No. 472, §1, eff. July 19, 1981; Redesignated from R.S. 22:1902 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:384 Qualifications
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§384. Qualifications The commissioner shall not license a property residual value insurer unless all of the following conditions are met: (1) Applicant shall be solvent. (2) Applicant shall furnish such proof as necessary to the commissioner that the directors and management of t…
La. Rev. Stat. § 22:385 Deposit or surety
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§385. Deposit or surety A. To assure faithful performance of its obligations to policyholders, every property residual value insurer shall, prior to the issuance of a license, deposit with or for the benefit of the insurance commissioner, securities which, at all times, shall hav…
La. Rev. Stat. § 22:386 Annual reports
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§386. Annual reports By June first of each year, every property residual value insurer shall, file with the commissioner an audited financial statement for the immediately preceding year ending December thirty-first. The financial statement shall be audited by a certified public …
La. Rev. Stat. § 22:387 Reserves
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§387. Reserves Each property residual value insurer shall maintain loss reserves in such amounts as the commissioner deems sufficient. Added by Acts 1981, No. 472, §1, eff. July 19, 1981; Redesignated from R.S. 22:1906 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:388 Contracts not in compliance
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§388. Contracts not in compliance Any property residual value insurance policy issued in violation of any provisions of this Subpart shall be an enforceable and valid contract unless otherwise invalid. Added by Acts 1981, No. 472, §1, eff. July 19, 1981; Redesignated from R.S. 22…
La. Rev. Stat. § 22:388.1 Filing of contracts
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§388.1. Filing of contracts No property residual value insurance policy or application form, where written application is required and is to be attached to the policy, or any rider or endorsement of such a contract shall be issued, delivered, or used unless it has been filed with…
La. Rev. Stat. § 22:389 Revocation or suspension of license; fine
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§389. Revocation or suspension of license; fine A. The commissioner may levy a fine not to exceed one thousand dollars per violation or revoke or suspend any license required by this Subpart in accordance and compliance with R.S. 49:977.3 for any of the following: (1) A judgment …
La. Rev. Stat. § 22:389.1 Reinstatement of license
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§389.1. Reinstatement of license A. A property residual value insurer whose license has been suspended for failure to pay the annual renewal fee required by R.S. 22:382 shall have his license reinstated if the annual renewal fee is paid within ninety days of the date of suspensio…
La. Rev. Stat. § 22:390 Inspection
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§390. Inspection After furnishing fourteen days written notice, the commissioner or his representative may inspect the records and reserves of any insurer licensed under this Subpart. The reasonable expense for inspection of records not available in Louisiana shall be borne by th…
La. Rev. Stat. § 22:391 Cease and desist order; penalty for violation
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§391. Cease and desist order; penalty for violation A. If the commissioner determines that the provisions of this Subpart have been violated, he shall, in addition to the authority to revoke or suspend a license as provided in R.S. 22:389, have the authority to issue an order req…
La. Rev. Stat. § 22:392 Rules and regulations
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§392. Rules and regulations The commissioner may adopt such administrative rules and regulations as are necessary to implement the provisions of this Subpart. Added by Acts 1981, No. 472, §1, eff. July 19, 1981; Redesignated from R.S. 22:1911 by Acts 2008, No. 415, §1, eff. Jan. …
La. Rev. Stat. § 22:393 Scope and limitations
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§393. Scope and limitations A. Nothing in this Subpart shall alter or diminish any right, privilege, or authority granted to any insurance company under any other provisions of this Title. B. All property residual value insurers operating pursuant to a license as required by this…
La. Rev. Stat. § 22:401 Title; purpose
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§401. Title; purpose A. This Subpart may be cited as the "Nonprofit Risk Indemnification Trust Act." B. The purpose of this Subpart is to authorize the establishment of trust funds for the purpose of indemnifying nonprofit beneficiary organizations and their officers, directors, …
La. Rev. Stat. § 22:402 Establishment upon approval of commissioner
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§402. Establishment upon approval of commissioner No trust fund with the purpose of indemnifying multiple nonprofit beneficiary organizations shall be established without the prior approval of the commissioner of insurance. The commissioner shall withhold approval of any trust fu…
La. Rev. Stat. § 22:403 Eligibility
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§403. Eligibility No organization, corporation, agency, or program shall be a beneficiary for any trust fund established hereunder unless it is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended through December 30, 1985. Acts 1986, No. …
La. Rev. Stat. § 22:404 Limitation
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§404. Limitation A. No trust fund established hereunder shall indemnify any beneficiary for property loss, liabilities incurred under the workers' compensation act, or for benefits provided to employees pursuant to any medical, dental, life, or disability income protection plan. …
La. Rev. Stat. § 22:405 Bylaws and plan of operation benefits
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§405. Bylaws and plan of operation benefits Every trust fund shall establish in its bylaws and plan of operation a schedule of benefits, to be approved by the commissioner, governing the indemnification of beneficiaries of the trust. The schedule of benefits shall include all con…
La. Rev. Stat. § 22:406 Written indemnification agreement
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§406. Written indemnification agreement Every trust fund established under this Subpart shall provide each of its beneficiaries with a written indemnification agreement specifying the rights and obligations of the trust fund and the beneficiary under the agreement. Each form of i…
La. Rev. Stat. § 22:407 Contributions to fund operations
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§407. Contributions to fund operations The trust fund shall establish contributions required of beneficiaries necessary to fund the operations of the fund. All contribution schedules shall be filed with and approved by the commissioner prior to use. Contributions shall be based o…